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HomeMy WebLinkAboutItem 1a: Consideration of Text Amendment No. TA 12-02 regarding parking & storage of recreational vehicles........... IYU? STAFF �,EP OD T Development Services Department DATE: September 4, 2012 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director TLI' By: Jim Kasama, Community Development Administrator, SUBJECT: CONTINUED PUBLIC HEARING: CONSIDERATION OF TEXT AMENDMENT NO. TA 12 -02; AND INTRODUCTION OF ORDINANCE NO. 2300 AMENDING VARIOUS SECTIONS OF ARTICLE IX (DIVISION AND USE OF LAND), CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING THE PARKING AND STORAGE REGULATIONS IN THE SINGLE - FAMILY RESIDENTIAL ZONES FOR MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES (RVS). Recommended Action: Approve Text Amendment No. TA 12 -02 and Introduce Ordinance No. 2300 (Exhibit A) SUMMARY At the August 7, 2012, City Council meeting, a public hearing was held for the consideration of a Text Amendment and Ordinance to amend the Arcadia Municipal Code with regards to the parking and storage regulations in the single - family residential zones for motor vehicles and recreational vehicles. In response to the testimony from interested citizens, the City Council's directive was to revise the proposed regulations to address the concerns presented during the public hearing, and the matter was continued to the September 4, 2012, meeting. The proposed Text Amendment and Ordinance have been revised, and the recommended action is to approve Text Amendment No. TA 12 -02 and introduce the attached Ordinance No. 2300 (Exhibit A). BACKGROUND At the March 6, 2012, City Council meeting, the Council directed staff to develop a proposal for amending the parking regulations for recreational vehicles (RVs) in the single - family residential zones to address the visual impacts that these vehicles can Text Amendment No. TA 12 -02 — Continued Ordinance No. 2300 — RV Regulations September 4, 2012 — Page 2 of 5 impose on neighborhoods when parked and /or stored for indefinite periods in view from public rights -of -way. The Planning Commission considered the proposed regulations at four meetings. Two open discussions were held at the March 27, 2012, and April 24, 2012, Planning Commission meetings. These were followed by a noticed public hearing that was held during the Planning Commission's May 22, 2012, and June 26, 2012, meetings. At the conclusion of the public hearing, the Planning Commission voted four to zero with one Commissioner absent to recommend approval to the City Council of the proposed regulations. The Commission's recommendation included the deletion of an Exception for properties that do not have vehicular access to a side or the rear yard, and that there be a 60 -day grace period for the enforcement of the new regulations. At the August 7, 2012, City Council meeting, a public hearing was opened to consider the proposed regulations. The August 7, 2012, staff report is attached as Exhibit B. Approximately 30 residents addressed the City Council during the public hearing, and the overwhelming sentiment was that RVs should be allowed to be parked /stored at their homes, and that if the property did not enable the RV to be stored out of the front yard, the vehicle should be allowed to be kept in the driveway, as long as it does not pose a safety hazard. In response to the testimony, the City Council directed staff to revise the proposed regulations to add a provision to allow RVs to be stored in front yards if there is no access to a side or rear yard area. The City Council voted four to zero with one Council Member absent to continue the public hearing to the September 4, 2012, meeting for consideration of revisions to the proposed regulations. One of the residents that addressed the City Council was Mr. Philip Andreen, who is a retired attorney, and had worked for the City of Pasadena. Mr. Andreen said he had experience with RV regulations, and offered to assist staff with the revisions. Mr. Andreen's draft ordinance is attached as Exhibit C. Some of Mr. Andreen's suggestions have been incorporated into the revised regulations. DISCUSSION The attached Ordinance No. 2300 (Exhibit A) includes revisions to address the concerns expressed during the August 7, 2012, public hearing, and also includes some of the language presented by Mr. Philip Andreen in his draft ordinance (Exhibit C). Mr. Andreen's ordinance included not only suggestions for revised regulations, but also language for the Purpose and Legislative Findings portion of the proposed Ordinance. Mr. Andreen's Paragraphs A, B, and G have been incorporated into the Purpose and Legislative Findings portions of the revised Ordinance No. 2300 as Paragraphs G and H. These paragraphs bolster the framework for the proposed regulations. Text Amendment No. TA 12 -02 — Continued Ordinance No. 2300 — RV Regulations September 4, 2012 — Page 3 of 5 An Exception to regulation no. B.2 has been added to allow an RV to be parked or stored in a front or street -side yard area, if there is no adequate access to an interior side yard or rear yard area. Also, language has been added to regulation no. B.2 to explain that "screening" does not mean that the RV is not visible. Rather, the screening is to ensure that the RV is beyond the front or street -side yard area, and that there is some barrier between the RV and an adjacent property. There is also the 60 -day grace period recommended by the Planning Commission, which is the last item of the proposed Ordinance No. 2300. The date on which the provisions of the Ordinance will take effect has been adjusted accordingly based on the Ordinance being introduced on September 4, 2012, and then being adopted at the September 18, 2012, City Council meeting. Lastly, in consultation with the City Attorney, numerous other minor changes have been made to the proposed regulations to clarify the language. For instance, Paragraph A is proposed to be amended to address the requirement that vehicles parked or stored at single - family residential properties must be operable. And, rather than have a separate Section to address large commercial vehicles, those restrictions have been incorporated into Paragraph A. The revised regulations are as follows, with deletions shown with a stFikethFaU0, and additions in bold Italics: MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. Motor vehicles shall be stored or parked On the epee that is' in a manner whereby the such vehicles are visible from the an adjacent public rights -of -way, on any property zoned or used for residential purposes sif4e fami',,„yFesidetial lot fnr mere than five (5 GgRseGutive day shall be operable. The term "meter vehinle!3" as LIser1 in these SeGtii sshall not innIi de registei: Commercial vehicles Whinh evneedtee (3) tens in URIaden gFess weight as defined by the California Vehicle Code which exceed three (3) tons in unladen gross weight shall not be stored, parked, or left standing from the hour of seven (7) p.m. of any day to seven (7) a.m. of the following day on any part of any property zoned or used for residential purposes. B Notwithstanding the above limitatieRs, r Recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in these SeGtMeRs this Title shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth -wheel trailers, meteFsyGles; watercraft such as boats and water scooters, and other similar types of vehicles. Text Amendment No. TA 12 -02 — Continued Ordinance No. 2300 — RV Regulations September 4, 2012 — Page 4 of 5 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent streets public rights -of -way and properties. The term "screened" or "screening" as used in this Title shall mean parked or stored behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. EXCEPTION: If there is no adequate access to the interior side and /or rear yard area(s), a maximum of one (1) recreational vehicle on a lot may be parked or stored in the front yard or street -side yard area without screening. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the residents of the property and the such registrations must be current; shall not be used for storage, living, or sleeping while parked or stored on the property; and shall not be connected to utilities for more than 72 hours and only for the purposes of battery charging, trip loading or unloading, or maintenance and repairs. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or renter of the property to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division of the City, and requires approval by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount established by resolution of the City Council. Up to two (2) applications with respect to a lot may be approved in a calendar year. 5. Parked or stored R recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked or stored on a R appeaved paved surface approved by the City. 7. Parked or stored Meter+zed recreational vehicles shall be operable. MOTOR VF=HmIG i c E LIMITATIONS REQUIREMENTS. G n CDC VEH'S , Text Amendment No. TA 12 -02 — Continued Ordinance No. 2300 — RV Regulations September 4, 2012 — Page 5 of 5 RECOMMENDATION It is recommended that the City Council approve Text Amendment No. TA 12 -02, and introduce the attached Ordinance No. 2300 (Exhibit A): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND) CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING THE PARKING AND STORAGE REGULATIONS IN THE SINGLE - FAMILY RESIDENTIAL ZONES FOR MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES (RVS). Approved: Dominic Lazzareftd City Manager Attachments Exhibit A — Ordinance No. 2300 Exhibit B — August 7, 2012 Staff Report (without attachments) Exhibit C — Draft Ordinance by Mr. Andreen Exhibit D — Correspondence Received Since the August 7, 2012, Meeting - - THIS PAGE INTENTIONALLY BLANK - - ORDINANCE NO. 2300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX (DIVISION AND USE OF LAND) CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING THE PARKING AND STORAGE REGULATIONS IN THE SINGLE - FAMILY RESIDENTIAL ZONES FOR MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES (RVS) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 9250..10 and 9250.3.11 of Title 3, Division 0, Part 5, Chapter 2 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "9250.3.10. MOTOR VEHICLE LIMITATIONS — PURPOSE AND LEGISLATIVE FINDINGS. The purpose of Arcadia Municipal Code Section 9250.3.11 is to help maintain appropriate residential appearance and minimize blight in the community. It has been determined that an increasing number of complaints exist with regard to the outdoor storage of large numbers of motor vehicles on single - family residentially zoned property. The City's single - family residential zones are intended to serve primarily as areas in which residential dwellings may be constructed, families housed and activities which are incidental to and typical for residential living may be enjoyed. It is recognized that there is a point at which the existence of numerous motor vehicles on property may constitute a use inconsistent with zoning, and more consistent with maintenance of a public nuisance and eyesore in the particular neighborhood. The purpose of Section Exhibit A 9250.3.11 is to address these and related concerns and is consistent with the following findings: A. The City Council of the City of Arcadia ( "Council') has determined that the City has an extensive and widely recognized history and reputation for well -kept properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties. B. The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, and aesthetic and property values of such surrounding properties. C. The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social and economic conditions of the community. D. The Council has further determined that the uses and abuses of property as described in this Section reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public. E. The Council has determined that the provisions described in this Section and set forth in Section 9250.3.11 will enhance the appearance and value of such properties rather than be a burden on the owners and users thereof. F. The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in recent cases. G. The Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; and 2 2300 Exhibit A regulating where, and under what conditions, recreational and other vehicles may be parked on residential property serves to protect the health, safety, and general welfare of the public. H. It is the intent of the following regulations to establish locations, standards and regulations for the parking, use and maintenance of recreational and other vehicles on residential property, to restrict property owners and users from taking actions detrimental to the public health, safety and welfare of their neighborhoods, and to enhance the appearance of the City. I. The maintenance of numerous motor vehicles on residential property can constitute or contribute to conditions inconsistent with the aforementioned purpose and findings. Enforcement shall be consistent with the purpose and findings set out in this Section. 9250.3.11. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. Motor vehicles stored or parked in a manner whereby such vehicles are visible from an adjacent public right -of -way, on any property zoned or used for residential purposes shall be operable. Commercial vehicles as defined by the California Vehicle Code which exceed three (3) tons in unladen gross weight shall not be stored, parked, or left standing between the hours of seven (7) p.m. of any day to seven (7) a.m. the following day on any part of any property zoned or used for residential purposes. B. Recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in this Title 3 shall include motorhomes, buses, campervans, truck campers, popup,campers, travel trailers, fifth- 3 2300 Exhibit A wheel trailers, watercraft such as boats and water scooters, and other similar types of vehicles. 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent public rights -of -way and properties. The term "screened" or "screening" as used in this Title 3 shall mean parked behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. EXCEPTION: If there is no adequate access to the interior side and /or rear yard area(s) as reasonably determined by the Development Services Director or designee, a maximum of one (1) recreational vehicle on a lot may be parked or stored in the front yard or street -side yard area without screening. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the owner or lessee of the property and such registration must be current; shall not be used for storage, living, or sleeping while parked or stored on the property; and shall not be connected to utilities for more than 72 hours for the purposes of battery charging, trip loading or unloading, or maintenance and repairs. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or lessee of the property to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division of the City, and requires approval, by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount 4 2300 Exhibit A established by resolution of the City Council. Up to two (2) applications with respect to a lot may be approved in a calendar year. 5. Parked or stored recreational vehicles shall not encroach into any public right-of-way. 6. Recreational vehicles shall be parked or stored on a paved surface approved by the City. 7. Parked or stored recreational vehicles shall be operable." SECTION 2. Sections 9251.2.14.1 and 9251.2.14.2 of Title 2, Division 1, Part 5, Chapter 2 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "9251.2.14.1. MOTOR VEHICLE LIMITATIONS — PURPOSE AND LEGISLATIVE FINDINGS. The purpose of Arcadia Municipal Code Section 9251.2.14.2 is to help maintain appropriate residential appearance and minimize blight in the community. It has been determined that an increasing number of complaints exist with regard to the outdoor storage of large numbers of motor vehicles on single - family residentially zoned property. The City's single - family residential zones are intended to serve primarily as areas in which residential dwellings may be constructed, families housed and activities which are incidental to and typical for residential living may be enjoyed. It is recognized that there is a point at which the existence of numerous motor vehicles on property may constitute a use inconsistent with zoning, and more consistent with maintenance of a public nuisance and eyesore in the particular neighborhood. The purpose of Section 9251.2.14.2 is to address these and related concerns and is consistent with the following findings: 5 2300 Exhibit A A. The City Council of the City of Arcadia ( "Council ") has determined that the City has an extensive and widely recognized history and reputation for well -kept properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties. B. The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, and aesthetic and property values of such surrounding properties. C. The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social and economic conditions of the community. D. The Council has further determined that the uses and abuses of property as described in this Section reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public. E. The Council has determined that the provisions described in this Section and set forth in Section 9251.2.14.2 will enhance the appearance and value of such properties rather than be a burden on the owners and users thereof. F. The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in recent cases. G. The Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; and regulating where, and under what conditions, recreational and other vehicles may be 6 2300 Exhibit A parked on residential property serves to protect the health, safety, and general welfare of the public. H. It is the intent of the following regulations to establish locations, standards and regulations for the parking, use and maintenance of recreational and other vehicles on residential property, to restrict property owners and users from taking actions detrimental to the public health, safety and welfare of their neighborhoods, and to enhance the appearance of the City. I. The maintenance of numerous motor vehicles on residential property can constitute or contribute to conditions inconsistent with the aforementioned purpose and findings. Enforcement shall be consistent with the purpose and findings set out in this Section. 9251.2.14.2. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. Motor vehicles stored or parked in a manner whereby such vehicles are visible from an adjacent public right -of -way, on any property zoned or used for residential purposes shall be operable. Commercial vehicles as defined by the California Vehicle Code which exceed three (3) tons in unladen gross weight shall not be stored, parked, or left standing between the hours of seven (7) p.m. of any day to seven (7) a.m. the following day on any part of any property zoned or used for residential purposes. B. Recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in this Title 2 shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth- wheel trailers, watercraft such as boats and water scooters, and other similar types of vehicles. 7 2300 Exhibit A 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent public rights -of -way and properties. The term "screened" or "screening" as used in this Title 2 shall mean parked behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. EXCEPTION: If there is no adequate access to the interior side and /or rear yard area(s) as reasonably determined by the Development Services Director or designee, a maximum of one (1) recreational vehicle on a lot may be parked or stored in the front yard or street -side yard area without screening. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the owner or lessee of the property and such registration must be current; shall not be used for storage, living, or sleeping while parked or stored on the property; and shall not be connected to utilities for more than 72 hours for the purposes of battery charging, trip loading or unloading, or maintenance and repairs. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or lessee of the property to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division of the City, and requires approval by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount established by resolution of the City Council. Up to two (2) applications with respect to a lot may be approved in a calendar year. 8 2300 Exhibit A 5. Parked or stored recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked or stored on a paved surface approved by the City. 7. Parked or stored recreational vehicles shall be operable." SECTION 3. Sections 9252.2.13.1 and 9252.2.13.2 of Title 2, Division 2, Part 5, Chapter 2 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "9252.2.13.1. MOTOR VEHICLE LIMITATIONS — PURPOSE AND LEGISLATIVE FINDINGS. The purpose of Arcadia Municipal Code Section 9252.2.13.2 is to help maintain appropriate residential appearance and minimize blight in the community. It has been determined that an increasing number of complaints exist with regard to the outdoor storage of large numbers of motor vehicles on single - family residentially zoned property. The City's single- family residential zones are intended to serve primarily as areas in which residential dwellings may be constructed, families housed and activities which are incidental to and typical for residential living may be enjoyed. It is recognized that there is a point at which the existence of numerous motor vehicles on property may constitute a use inconsistent with zoning, and more consistent with maintenance of a public nuisance and eyesore in the particular neighborhood. The purpose of Section 9252.2.13.2 is to address these and related concerns and is consistent with the following findings: A. The City Council of the City of Arcadia ( "Council ") has determined that the City has an extensive and widely recognized history and reputation for well -kept 9 2300 Exhibit A properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties. B. The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, and aesthetic and property values of such surrounding properties. C. The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social and economic conditions of the community. D. The Council has further determined that the uses and abuses of property as described in this Section reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public. E. The Council has determined that the provisions described in this Section and set forth in Section 9252.2.13.2 will enhance the appearance and value of such properties rather than be a burden on the owners and users thereof. F. The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in recent cases. G. The Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; and regulating where, and under what conditions, recreational and other vehicles may be parked on residential property serves to protect the health, safety, and general welfare of the public. 10 2300 Exhibit A H. It is the intent of the following regulations to establish locations, standards and regulations for the parking, use and maintenance of recreational and other vehicles on residential property, to restrict property owners and users from taking actions detrimental to the public health, safety and welfare of their neighborhoods, and to enhance the appearance of the City. 1. The maintenance of numerous motor vehicles on residential property can constitute or contribute to conditions inconsistent with the aforementioned purpose and findings. Enforcement shall be consistent with the purpose and findings set out in this Section. 9252.2.13.2. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. Motor vehicles stored or parked in a manner whereby such vehicles are visible from an adjacent public right -of -way, on any property zoned or used for residential purposes shall be operable. Commercial vehicles as defined by the California Vehicle Code which exceed three (3) tons in unladen gross weight shall not be stored, parked, or left standing between the hours of seven (7) p.m. of any day to seven (7) a.m. the following day on any part of any property zoned or used for residential purposes. B. Recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in this Title 2 shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth- wheel trailers, watercraft such as boats and water scooters, and other similar types of vehicles. 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent public 1 r 2300 Exhibit A rights -of -way and properties. The term "screened" or "screening" as used in this Title 2 shall mean parked behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. EXCEPTION: If there is no adequate access to the interior side and /or rear yard area(s) as reasonably determined by the Development Services Director or designee, a maximum of one (1) recreational vehicle on a lot may be parked or stored in the front yard or street -side yard area without screening. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the owner or lessee of the property and such registration must be current; shall not be used for storage, living, or sleeping while parked or stored on the property; and shall not be connected to utilities for more than 72 hours for the purposes of battery charging, trip loading or unloading, or maintenance and repairs. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or lessee of the property to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division of the City, and requires approval by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount established by resolution of the City Council. Up to two (2) applications with respect to a lot may be approved in a calendar year. 5. Parked or stored recreational vehicles shall not encroach into any public right -of -way. 12 2300 Exhibit A 6. Recreational vehicles shall be parked or stored on a paved surface approved by the City. 2012. 7. Parked or stored recreational vehicles shall be operable." SECTION 4. The provisions of this Ordinance shall take effect November 17, SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31st) day after its adoption. Passed, approved and adopted this day of ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia .2012. 13 2300 Exhibit A - - THIS PAGE INTENTIONALLY BLANK - - r A uRU., i yl�fU? Sr-M A -CPODrF iAFF ivrj jLx-,- Development Services Department DATE: August 7, 2012 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directory Jim Kasama, Community Development Administrator Prepared By: Thomas Li, Associate Planner -11- SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 12 -02; AND INTRODUCTION OF ORDINANCE NO. 2300 AMENDING VARIOUS SECTIONS OF ARTICLE IX (DIVISION AND USE OF LAND), CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING THE PARKING AND STORAGE REGULATIONS IN THE SINGLE - FAMILY RESIDENTIAL ZONES FOR MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES (RVS), TRUCKS, COMMERCIAL VEHICLES, MOTORCYCLES, MOTORBIKES, BUSES, MOTORHOMES, TRAILERS, BOATS, AND HOUSECARS. Recommendation: Approve Text Amendment No. TA 12 -02 and Introduce Ordinance No. 2300 SUMMARY At the March 6, 2012, meeting, the City Council directed staff to develop a proposal for amending the parking regulations for recreational vehicles (RVs) in the single- family residential zones. The proposed Text Amendment No. TA 12 -02 and Ordinance No. 2300 would amend the parking and storage regulations for RVs to avoid the visual impacts that these vehicles can impose on residential neighborhoods when parked /stored for indefinite periods in areas visible from public rights -of -way. The Planning Commission reviewed and commented on the proposed Text Amendment; and the Commission's recommendations have been incorporated into the proposed regulations. It is recommended that the City Council approve Text Amendment No. TA 12 -02, and introduce Ordinance No. 2300, which is attached as Exhibit `A'. BACKGROUND At the January 17, 2012, City Council Meeting, Mr. John Murphy addressed the City Council on the subject of vehicles parked /stored in front yards in his neighborhood, and presented the attached photographs (Exhibit `B'). He called the City Council's attention Exhibit B Text Amendment No. TA 12 -02 Ordinance No. 2300 — RV Regulations August 7, 2012 — Page 2 of 7 to the following Arcadia Municipal Code provisions, which he said need to be amended; in particular, the second paragraph, which excludes RVs and other "out -of- the - ordinary" vehicles from the limitations on parking in areas visible from public rights -of -way: MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. No more than four (4) motor vehicles shall be parked in the open, that is in a manner whereby the vehicles are visible from the adjacent public rights -of -way, on any single- family residential lot for more than five (5) consecutive days. The term "motor vehicles" as used in these Sections shall not include the following vehicles: trucks one (1) ton or larger, registered commercial vehicles, motorcycles, motorbikes, buses, motorhomes, recreational vehicles, trailers, boats and housecars. The City Council directed staff to present a report on the current regulations for discussion at a future meeting. The discussion was held at the March 6, 2012, City Council meeting. The aforementioned regulations exclude from the four (4) vehicle and five (5) consecutive -day parking limitations, all manner of recreational vehicles, motorcycles, and large, commercial vehicles. The first paragraph applies to standard, passenger vehicles, and in enforcing these regulations, the five (5) consecutive -day limit is applied so that not more than four (4) standard, passenger vehicles are to be parked in the open and visible from an adjacent, public, right -of -way. Violations of these limits are rare because it is inconvenient to park that many vehicles in a driveway, and because overnight, on- street parking permits are readily available. Because of the availability of on- street parking permits, and the exception of recreational vehicles from the parking limits, there are many single - family properties where the driveways are used to store recreational vehicles in full -view from public rights -of -way. Also, because the City of Arcadia's regulations do not require that the vehicles that are parked or stored at a property be registered to the occupants of that property, it has been reported that there are situations where the recreational vehicle being stored at a property belongs to someone other than a resident of that property. The photographs that Mr. Murphy presented (Exhibit `B') include passenger vehicles that may be inoperable, recreational vehicles being stored in the open, and a vehicle parked on an unpaved surface. Storage of inoperable vehicles and parking on unpaved surfaces are violations that are covered by other provisions of the Arcadia Municipal Code, and are readily addressed by Code Services. There is no limit on the number of registered commercial vehicles and /or recreational vehicles, including boats and other recreational equipment on trailers that may be Exhibit B Text Amendment No. TA 12 -02 Ordinance No. 2300 — RV Regulations August 7, 2012 — Page 3 of 7 parked and /or stored at a single - family zoned property, so long as the vehicles are operable and parked on a paved surface, including in the front yard. The attached summary (Exhibit `C') of the recreational vehicle (RV) parking restrictions of neighboring cities was reviewed. The term "RV" as used by these cities includes boats and trailers, but does not include commercial vehicles. At the conclusion of the discussion, the City Council directed staff to prepare draft regulations for Planning Commission review and City Council consideration. The Planning Commission held two discussions and two public hearings on the draft regulations. A first draft of potential regulations was presented to the Planning Commission at their March 27, 2012, meeting, and a second discussion was held at their April 24, 2012, meeting. These discussions were followed by a noticed public hearing that was held at their May 22, 2012, and June 26, 2012, meetings. The Planning Commission reviewed the regulations of other cities (Exhibit 'C') and discussed several different regulatory aspects, such as: ■ Requirements that RVs be parked on paved surfaces, and are operable — these requirements are already covered by the property maintenance provisions of the Arcadia Municipal Code. However, these requirements should be included in the new regulations because it is important that they be clearly stated so that property owners are readily aware of them. The Planning Commission felt that the current five (5) consecutive -day limit is appropriate and should be retained. ■ Many types of vehicles are considered RVs, and the City's current regulations exempt other types of vehicles, including trucks one (1) ton or larger, registered commercial vehicles, and buses. It was suggested that the Planning Commission may wish to consider a detailed list of RVs, such as the one included in the City of Glendora's regulations (attached as Exhibit 'D') or utilize the simpler term, "RV," and specify a maximum size to be allowed to be stored at a single - family property. One Commissioner indicated that he was not in favor of stringent restrictions because he does not perceive RVs to be a significant nuisance. It If strict regulations are adopted for the parking of RVs at single - family properties, residents that own such vehicles and equipment may have to rely on commercial storage facilities for their vehicles. There are currently no such facilities in the City of Arcadia, but four RV storage facilities were identified within five -miles of the City, and the prices to store RVs at these facilities ranges from $70 to $182 per month for storage spaces of 10'x18' to 12'x45', respectively. A Commissioner stated that he was not in favor of regulations that would necessitate the storing of RVs at a storage facility, because the resident would be burdened with monthly storage fees. ■ Should there be exceptions for visitors with RVs; especially during the holidays, and maybe summertime? And, could those visitors park their RVs on the driveways of their host's property and stay in the vehicles on a temporary basis? Exhibit B Text Amendment No. TA 12 -02 Ordinance No. 2300 — RV Regulations August 7, 2012 — Page 4 of 7 The Planning Commission decided that the regulations should include provisions that would allow this. Would a grace period for enforcement of any new regulations be appropriate to allow time for RV owners to make storage arrangements? The Planning Commission discussed various time periods, and decided on a 60 -day grace period. Two residents addressed the Planning Commission at the May 22, 2012, meeting: Mr. John Murphy and Ms. Mary Dougherty. They both expressed support for the proposed regulations, but said they are concerned about the exception to allow an RV to be parked in the front or street side yard areas if there is no access to an interior side or rear yard area. in addition the attached correspondence and photographs (Exhibit 'E') were submitted by Mr. and Mrs. Lindgren, and Mr. DeWayne Lupton of La Ramada Avenue regarding a property on their block that has a large RV parked in the front yard. The Planning Commission agreed with the speakers' issues, but expressed concern about the limited public participation. The Commission continued the public hearing to their June 26, 2012, meeting, and directed staff to expand the public outreach for this item. Per the Commission's direction, announcements that the Planning Commission was to consider proposed RV regulations were posted on the Arcadia City website, broadcast on the City's cable channel, posted on the Arcadia's Best and Arcadia Chamber of Commerce websites, and an announcement was made at the June 19, 2012, City Council meeting. At the Planning Commission meeting on June 26, 2012, four residents addressed the Planning Commission. Ms. Mary Dougherty, and Mr. John Murphy restated their support for the proposed reaulations, with the proviso that the exception to allow RVs to park in public view if a property does not have vehicular access to a side or rear yard area be eliminated. Ms. Mary Lindgren and Mr. DeWayne Lupton of La Ramada Avenue also addressed the Planning Commission in support of the proposed regulations, and also said that the exception should not be included. The Planning Commission stated that they concurred with the speakers' corcerns and voted 4 -0 with one Commissioner absent to recommend approval to the City Council of the proposed regulations with the deletion of the exception, and the addition of a 60 -day grace period for the enforcement of the new regulations. Excerpts of the Minutes of the four (4) Planning Commission meetings are attached as Exhibits F, G, H and I. DISCUSSION Text Amendment No. TA 12 -02, proposes to amend the vehicle parking reguiations of the R -M, R -0, and R -1 single - family zones in accordance with the recommendations of Exhibit E Text Amendment No. TA 12 -02 Ordinance No. 2300 — RV Regulations August 7, 2012 — Page 5 of 7 the Planning Commission. The exception to allow RVs to park in public view if a property does not have vehicular access to a side or rear yard area has been removed, and a 60 -day grace period is included in Ordinance No. 2300 (Exhibit 'A'). This draft of proposed regulations is based on a compilation of the existing regulations in the three (3) single - family zones, and the comments by the Planning Commission from their two discussions and the public hearing: MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. No more than four (4) motor vehicles shall be parked in the open, that is, in a manner whereby the vehicles are visible from the adjacent public rights -of -way, on any single- family residential lot for more than five (5) consecutive days. The term "motor vehicles" as used in these Sections shall not include registered commercial vehicles which exceed three (3) tons in unladen gross weight. B. Notwithstanding the above limitations, recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in these Sections shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth -wheel trailers, motorcycles, watercraft such as boats and water scooters, and other similar types of vehicles. 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent streets and properties. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the residents of the property and the registrations must be current; shall not be used for storage, living, or sleeping while parked on the property; and shall not be connected to utilities for more than 72 hours. EXCEPTION: A Temporary Recreational Vehicle Occupancy Pennit may be obtained for guests or family members to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee. The application shall be Exhibit B Text Amendment No. TA 12 -02 Ordinance No. 2300 — RV Regulations August 7, 2012 — Page 6 of 7 submitted with a filing fee in an amount established by resolution of the City Council. Up to two (2) applications may be approved in a calendar year. 5. Recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked on an approved paved surface. 7. Motorized recreational vehicles shall be operable. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. COMMERCIAL VEHICLES. No commercial vehicles as defined by the Califomia Vehicle Code which exceed three (3) tons in unladen gross weight shall be parked or left standing from the hour of seven (7) p.m. of any day to seven (7) a.m. of the following day on any part of any property zoned or used for residential purposes. The R -M zoning regulations included a Section on the Purpose and Legislative Findings for motor vehicle limitations. This language was not part of the regulations of the R -0 and R -1 zones, but it is proposed to be included with the new regulations for all three (3) single - family zones. The language is presented in Section 1 of the attached Ordinance No. 2300 (Exhibit 'A') and provides a background for the regulations that follow it. The Purpose and Legislative Findings is consistent with the rationale that generated this Text Amendment No. TA 12 -02, which is intended to address the concerns raised in regards to the parking and storage of recreational vehicles and other types of non - passenger vehicles in the single - family residential zones. ENVIRONMENTAL IMPACT The proposed Text Amendment is exempt from the California Environmental Quality Act (CEQA). There is no possibility that the Text Amendment will have a significant effect on the environment per Section 15305 of the CEQA Guidelines as a minor alteration in land use limitations. A Preliminary Exemption Assessment is attached as Exhibit 'J'. PUBLIC NOTICE AND COMMENTS A public hearing notice of the City Council's consideration of Text Amendment No. TA 12 -02 and Ordinance No. 2300 was published in the July 26, 2012, edition of the Arcadia Weekly. In addition to the correspondence and photos (Exhibit 'E') received by the Planning Commission, the attached three (3) emails (Exhibit 'K') were sent to the City Council. Exhibit B Text Amendment No. TA 12 -02 Ordinance No. 2300 — RV Regulations August 7, 2012 — Page 7 of 7 FISCAL IMPACT The proposed Ordinance No. 2300 should not have a significant fiscal impact. There will be costs for administering the new Temporary Recreational Vehicle Occupancy Permit, for which a process and fee will be developed at a late time, and there will be added costs for the enforcement of the new regulations. But, the permit cost and permit fee should offset each other, and with a 60 -day grace period, a significant amount of time should not need to be expended on enforcement. RECOMMENDATION It is recommended that the City Council approve Text Amendment No. TA 12 -02, and introduce the attached Ordinance No. 2300 (Exhibit'A'): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND) CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING THE PARKING AND STORAGE REGULATIONS IN THE SINGLE- FAMILY RESIDENTIAL ZONES FOR MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES (RVS), TRUCKS, COMMERCIAL VEHICLES, MOTORCYCLES, MOTORBIKES, BUSES, MOTORHOMES, TRAILERS, BOATS, AND HOUSECARS. Approved: 4. Dominic Lazzare'tfc'' City Manager Attarhmantc Exhibit A — Ordinance No. 2300 Exhibit B — Photos from Mr. Murphy Exhibit C — Summary of RV Regulations from Neighboring Cities Exhibit D — Glendora RV Regulations Exhibit E — Correspondence and Photos from Residents of La Ramada Avenue Exhibit F — Minutes Excerpt of the March 27, 2012 Planning Commission Meeting Exhibit G — Minutes Excerpt of the April 24, 2012 Planning Commission Meeting Exhibit H — Minutes Excerpt of the May 22, 2012 Planning Commission Meeting Exhibit I — Minutes Excerpt of the June 26, 2012 Planning Commission Meeting Exhibit J — Preliminary Exemption Assessment Exhibit K — Emails in Opposition to Ordinance No. 2300 Exhibit 8 - - THIS PAGE INTENTIONALLY BLANK - - ORDINANCE NO. 2300 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX (DIVISION AND USE OF LAND) CHAPTER 2 (ZONING REGULATIONS) OF�HE ARCADIA MUNICIPAL CODE REGARDING THE PARKING AND STORAGE OF RECREATIONAL AND OTHER VEHICLES IN SINGLE- FAMILY RESIDENCE ZONES. i THE CITY COUNCILIOF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS r FOLLOWS: SECTION 1: Sections 9250.3.10 and 9250.3.11 of Title 3, Division 0, Part 5, Chapter 2 of Article IX ofithe Arcadia Municipal Code are hereby amended to read in their entirety as follov s: "9250.3.10 MOTOR VEHICLE LIMITATIONS - PURPOSE AND LEGISLATIVE FINDINGS. The purpose of this ordinance is to address concerns regarding the parking, use and maintenance of ;recreational and other vehicles at single - family residences. The ordinance is supported by the following findings: A. The current Municipal Code of the City of Arcadia does not restrict where, and under what ponditions, recreational and other vehicles may be parked on residential property. B. Regulating where, and under what conditions, recreational and other vehicles may be parked ion residential property serves to protect the health, safety and general welfare of the public. C. The City of Arcadia Planning Commission held two (2) legally noticed study sessions and two(2) legally noticed public hearings, and the City of Arcadia City Council held two (2) legally noticed public hearings on the subject of recreational and other vehicle parking, use and maintenance on residential i Exhibit C property, all to obtain staff and citizen input on the need for, and conditions of, recreational and other vehicle parking on residential property. D. Improperly parked, used and maintained recreational and other vehicles on residential property ca affect the public safety in many ways, including obstructing driver and pedestrian visibility and sight lines, interfering with fire and police access and forcing on- street parking. i E. Improperly parked, used and maintained recreational and other vehicles on residential property can affect the aesthetic quality of a neighborhood if not mitigated. F. Improperly parked, used and maintained recreational and other vehicles on residential property can affect sanitation and public health. G. it is the intent of the following regulations to establish locations, standards and regulation for the parking, use and maintenance of recreational and other vehicles on residential property to restrict property owners from taking actions detrimental to the public health, safety and welfare of their neighbor- hoods and to enhance thL appearance of the City of Arcadia. H. Recreational vehicles are a way of life for some people, and not others. These regulations are not ail -or- nothing, but respect differing lifestyles and aesthetic values and are intended to provide a balance that protects property rights and encourages recreation and love of nature while protecting community values, aesthetic qualities, health and safety. "9250.3.11. MOTOR VEHICLE LIMITATIONS - REQUIREMENTS A. No more than our (4) non - operable motor vehicles, nor more than five (5) operable motor vehicles, shall be parked on any single - family residential lot in the open, that is, in a manner whereby the vehicles are visible from adjacent public rights -of -way or adjacent property, for more than five (5) consecutive days. Exhibit C The term "motor vehicle" as used in these Sections shall not included registered commercial vehicles which exceed three (3) tons in unladen gross weigh, but shall include "recreational vehicles" as defined below. 1 The terra "non - operable'; as used in these Sections includes vehicles that are non - operable due to mechanical condition and also non - operable under the law due to license plate, registra' ion or similar legal restrictions. B. In addition to the above limitations, recreational vehicles are subject to the following restriction: I. The term "recreational vehicle" (or "RV") as used in these Sections shall include, but is not limite8 to, Class A and Class C (but not Class B - van campers) motor homes, trailers, buses, truck campers, popup campers, travel trailers, tent I trailers, fifth -wheel trailers, utility trailers, horse trailers, motorcycles, watercraft such as boats and waterscooters and their trailers, dune buggies, mobile homes, golf carts, and similar vehicles. 2. The parking an storage of recreational vehicles is limited to the rear and interior side yard areas, as far from the adjoining side and rear lot lines as practicable. In the case df corner lots, such vehicles shall be placed to the rear of both established setbacl� lines. If neither rear nor side yard parking is accessible, a maximum of one (1) recreational vehicle may be parked in the front driveway leading to a covered parking, without screening, as long as it is parked as far from the street and as close to the garage or carport as practicable, subject to the restrictions below. i 3. Recreational veihicles parked in rear and side yard areas shall be screened from public view as folldws: The recreational vehicle must be outside a five (5) foot setback from any property line (side or rear), and not be visible from any adjacent street or property. If visible, the site shall be screened from public view by a combination of a six (n) foot solid fence, wall, dense screening landscaping (such as a hedge) and/or view - obstructing material. Side or rear yard parking must be on a paved surface, and not on grass, dirt or landscaping. Exhibit C f I 4. Recreational vehicles parked on front driveways are subject to the following restrictions: a. Recreational vehicles may not encroach into any public right -of- way and may not create, a visual obstruction to neighbors using their driveways, or to drivers or pedestrians using the street or sidewalk. They must be set back at least five (5) feet fromth)e back of the sidewalk, or, if there is no sidewalk, at least ten (10) feet back from the curb. If there is neither a sidewalk or a curb, the recreational vehicle shall be set back at least ten (10) feet from the planned right - of-way treet width). If t Y( he driveway adjoins the driveway of a neighbor, a set back of fifteen (15) feet �rom the curb is required to avoid view obstruction. b. Recreatidnal vehicles must be owned by and registered to the residents of the propert� and have current registration and insurance. c. Recreatidnal vehicles must be parked on an approved paved driveway surface consisting of either asphalt, concrete, grouted continuous bricks or cobblestones. ! i d. Recreational vehicles must be parked at right angles (not parallel) to the street to minimizer blocking the view of the front area. e. In no c4e shall the parking of a recreational vehicle on a driveway block or impede free us� of the driveway; block or impede free access to or exit from any residential structure (including a garage or carport) by other vehicles, including emergency vefhicies; or block or impede the ( ) foot back -out distance from the garage required by Section of this Code. There must always be a readily acc6ssible (without moving the recreational vehicle) parking space available to another vehicle either on the driveway or in a garage or carport. 5. All recreational vehicles (including those parked on a front driveway or in the side or back yard) cannot be used to conduct business; used for storage; have fixed connections to electricity, water or sewers: nor be used for lodging, living or sleeping purposes. Ate i mporary electrical connection not to exceed forty - eight (48) consecutive hours is permitted for the sole purpose of charging batteries. Exhibit C i EXCEPTION Guests or family members of the owner may occupy a recreational vehicle on a jresidential premises (any location on the property) for a period not to exceed and (1) week two (2) times a year. Any recreational vehicle so used shall not discharge any waste or sewage into the City's sewer system except at a designated RV dump. 6. All recreation vehicles visible from the street or adjoining property shall be operable and shall beproperly maintained. By way of example, any of the following conditions shall be deemed a violation of the maintenance requirement: damaged or broken wind iows, doors, screens or shades; tarps or temporary covers that are not canopies or one -piece covers specifically fitted and designed for recreational vehicles, or That are deteriorating or worn; flat tires; broken parts or equipment such as tow bars, mirrors, bumpers, or luggage racks; peeling, blistering, rusting or oth�rwise deteriorating exterior surfaces; or open awnings, open slide -outs or open pop -ups. Any recreational vehicle with such poor maintenance conditions;ithat is otherwise wrecked, dismantled or disassembled; that is not operable; or that is otherwise in need of repair, shall not be parked in an area visible from the street or adjoining property for a period in excess of seventy -two (72) consecutive hours. Failure to comply with the above maintenance standards shall be subject to nuisance abatement procedures. 7. Notwithstanding the above, the following exceptions are recognized allowing a recreational v6hicie that would not otherwise qualify to park on a front driveway to do so: i a. A recreational vehicle can be so parked for seventy -two (72) consecutive hours for trip loading and unloading. b. A recreational vehicle which is officially designated as handicapped with a handicap placard, or used by a handicapped person, in accordance with state law for use by or for a disabled person, or which must (based on a written staternent of a licensed medical doctor) be kept readily accessible at a residence for medical transportation by orfor a person with { medical needs, may be so parked. Exhibit c. Recreational vehicles parked while used in performing or assisting in performing maintenance or repairs on the property may so park while performing such maintenance or repairs for a period not to exceed seventy -two (72) consecutive hours. d. Recreational vehicles which are used primarily as a means of local transportation and not recreation may so park. i e. Front driveway parking is permitted during an officially declared state of emergency. t 8. Nothing in these Sections prohibits the use of a garage or carport for recreational vehicle storilge or parking which is otherwise allowed by this Code. 9. Restricted temporary on- street recreational vehicle parking is permitted for a maximum of sevenl'y -two (72) consecutive hours at any one time with a temporary recreational vehicle street parking permit as administered through Chapter of this Code. 10. If it is not physically possible to meet the requirements of these Sections because of uniq'ue features in size or configuration of the site, or if the requirements impose an undue hardship, an owner of a recreational vehicle may request a waiver of one recreational vehicle from the restrictions of these Sections from the Corn I unity Development Administrator or designee, with a final appeal to the Planning Commission. A waiver for unusual circumstances may be allowed if significant safety and aesthetic requirements (including screening, street setbacks, absencelof other parking, maintenance, parallel parking and driveway and garage access) can otherwise be met and it can be determined that such a waiver would notadversely affect an adjacent property or cause a safety hazard. The waiver is gobd for one year. it/ Xnele ecreational vp ` le violations under th Sections will be orced on a basis onl ade to the Communi Development Ad inistrator or <V -' dealth d safety complaints valid with only o complaint. omplaints re,ording the physical c tlition or obtrusiv ess of a recre anal / m aints b two independent com lainants, vehicle reraUire at least *0 co y p p Exhibit C Complaints will only be received from the neighborhood where the recreational vehicle is located. 12. All owners of recreational vehicles who wish to receive direct mail notification from the City of Arcadia regarding proposed changes in recreation vehicle regulations or future hearings of the Planning Commission and the City Council regarding recreational vehicle issues, may (optional) register their names and addresses with the Community Development Administrator or designee. SECTIONS 2- ?: Can you incorporate by reference without repeating? SECTION S SECTION 9 SECTION 10 Passed, approved and adopted this day of , 2012. Mayor of City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Exhibit C - - THIS PAGE INTENTIONALLY BLANK - - From: Linda Garcia Sent: Wednesday, August 08, 2012 8:50 AM To: Tom Li; Jason Kruckeberg; Dominic Lazzaretto Subject: Follow -up comment re: RV parking regulations Gail Francone called to request that staff and the City Council consider the following: o Grandfather existing RV owners and make them exempt from any future regulations o Require RV owners to register with the City and pay a $15 permit o Inform local realtors that they should advise home buyers of the City's RV parking regulations Exhibit D From: Stephen Brooks jmailto :usvlinvestinga@yahoo.coml Sent: Wednesday, August 08, 2012 11:17 PM To: Tom Li Subject: Important - new regulations for recreational vehicle parking and storage in single - family areas. New regulations for recreational vehicle parking and storage in single - family areas. I do not like big white SUVs, so I think the city should not allow Big White SUV's to be parked in drive ways because I think they are ugly and use up to much gas and space. I do not have that right to decide who owns what or what it looks like and where they park it on their own property, Nor should You - within public safety reasons. If it is something that is within the public safety realm or a hazard of some kind, then by all means pass a law to protect the public, if not - then tell whose complaining to kick rocks and get a life. WHEN do we stop writing laws to restrict our rights, )UST because someone does not like something we have or do - I have the right to voice my opinion and to even complain, but I do not have the right to take someone else's rights away just because I do Not Like Something... and nor should you even want too. Whats next if we start doing these petty laws just because someone complains - when will it stop - IT WONT if you allow this BS! Someone complains so you think making a law to restrict someone else's rights is the RIGHT THING TO DO! How about we come to your house and start telling you what you can have and what you cant, This Is Not Russia or is it? Please keep Me updated on further info Stephen Exhibit D From: John Murphy [mailto:iohndmurphvl3C & amail.com] Sent: Saturday, August 25, 2012 3:14 PM To: Bob Harbicht Cc: City Council Email Subject: RV Storage on Residential Property Dear Mr. Mayor and City Council I've decided not to attend the Sept 4th meeting since I gather that approval to allow RV storage in front yards under some conditions will be approved by you. I still believe this is a big mistake for the following reasons: 1) It does not give Code Services authority to take action if a complaint is filed or a problem develops, (this is very important in my view) 2) Most of the cities in the valley that we could compare to Arcadia DO NOT ALLOW RV storage or if they do, it must not be seen from the public right -of -way. 3) Pandering to a few (RV owners) at the expense of everyone else wrong. 4) There are plenty of storage facilities in the area. Keeping an RV on the property for maintenance, etc. is a Red Herring. 5) If you permit RV storage in front yards, you should also remove the AUTOMOBILE STORAGE RESTRICTION to be consistent. (does this make any sense ?) 6) This is a "Community of Homes" not of 40' RV's covered in a blue tarp in the front yard. Why even bother with building codes. 7) Stored RV's devalue residential property. I'm 100% certain that if the community at large knew what the council is getting ready to approve to appease a very few home owners, they would be out in mass to object. I hope in your deliberation that you remember to do what's best for the community at large and not just a handfull of homeowners with a special interest. Thank you for your further consideration. Sincerely, John Murphy Exhibit D - - THIS PAGE INTENTIONALLY BLANK - -